[2025] KEHC 2023 (KLR)
The court found that, despite the accused being a first offender and having spent over five years in remand custody, the gravity of the offence—killing his wife, the mother of his children—outweighed the mitigation advanced. The accused's claim of wanting to care for his children was undermined by evidence that he...
Source-derived case information.
- Citation
- [2025] KEHC 2023 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Kidiga Amoi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Sentencing Principles, Remand Period Deduction, Mitigation, First Offender, Femicide
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Samwel Kidiga Amoi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be given a custodial or non-custodial sentence for manslaughter.
- 2 Whether the period spent in remand custody should be deducted from the sentence imposed.
- 3 What is the appropriate sentence in light of the circumstances and mitigation.
Ratio Decidendi
The court found that, despite the accused being a first offender and having spent over five years in remand custody, the gravity of the offence—killing his wife, the mother of his children—outweighed the mitigation advanced. The accused's claim of wanting to care for his children was undermined by evidence that he had not been living with them, and no explanation was provided for their separation. The court held that a non-custodial sentence was not appropriate in the circumstances. Applying Section 333(2) of the Criminal Procedure Code, the court deducted the period already spent in custody from the total sentence, ultimately sentencing the accused to twelve years imprisonment less the...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to twelve (12) years imprisonment less the five (5) years and three (3) months spent in remand custody.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Amoi (Criminal Case 60 of 2016) [2025] KEHC 2023 (KLR) (19 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2023 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 60 of 2016
HI Ong'udi, J
February 19, 2025
Between
Republic
Prosecutor
and
Samwel Kidiga Amoi
Accused
Ruling
1. Samuel Kidiga Amoi the accused herein was initially charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. After a full hearing the court reduced the charge to Manslaughter contrary to section 202 as read with section 205 of the penal code, and convicted him of the same.
2. A presentencing report dated 15th January, 2025 was filed by M/s Ondari Lilian a probation officer at Nakuru county station. The officer interviewed both the accused’s family and that of the deceased. Upon considering their views, which are set out clearly in the report she left it to the court to determine the appropriate sentence. Mr. Cheruiyot for the accused considered the pre-sentencing report which he explained to the accused and urged the court to give the accused a non-custodial sentence to enable him take care of his children. He submitted that the accused had been in custody from 2016-2019 and later from 2022 to date.
3. M/s Okok for the prosecution while referring to the many femicide cases in Kenya prayed for a deterrent sentence.
4. I have considered the circumstances of this case, the pre-sentence report, the accused’s mitigation, the prosecution’s submission on sentence and the fact that that the accused is a first offender. From the material on record the accused was not living with his children for him to now say he wants to live with them and show them parental love. The children have not even been living together. One lives with the paternal grandmother while three live with their maternal uncle. No explanation has been given for this kind of scenario.
5. The accused was granted bond on 18th June, 2019 but he was only able to get a surety on 24th October, 2019. That means he remained in custody from 24th October, 2016 (when he first appeared in court) to 24th October, 2019 which was exactly three (3) years. Further, while on bond, he did not attend court on 23rd June, 2022, 29th June 2022 and 18th July, 2022. When he finally appeared on 9th November, 2022 his bond was cancelled and he was remanded in custody to date which is now two (2) years and three (3) months. The total period spent in custody is therefore five (5) years plus three (3) months.
6. The person the accused killed was his wife and mother to his children. His action has left a lot of pain in the hearts of his in-laws and of course the couple’s children. The accused should know that what he did was uncalled for. Upon considering all the factors and the pre-sentencing report, I do not find a non-custodial sentence to be suitable.
7. The accused is hereby sentenced to twelve (12) years imprisonment LESS the five (5) years plus three (3) months spent in remand custody.
Orders accordinglyDELIVERED, DATED AND SIGNED THIS 19TH DAY OF FEBRUARY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE